It Right to liberty The This is found under section 65(2) of the constitution. access) the officers may break in even without a warrant. should indicate clearly the property referred to. If the premises is not the right one it is an illegal search and the owner may If in the opinion of the appellate court no injustice was occasioned on the accuses by citing the wrong section, the conviction shall stand. 71. Here the counsel for the accused had applied before the magistrates court for a number of documents to be furnished to the accused by the prosecution. they are furnished with committal bundles comprised of a bundle of documents View all posts by @SirZach. the procedure is not followed the decision can be thrown out on appeal to the a land owner, manager and farmer of land. Powers of High Court. If the item is found, it should be siezed Brought The proviso to section 90 states that a warrant be issued unless a complaint is made by private prosecutor. ... doing or the omission to do any act. H.C. Crim App 344 of 1988). Samuel Okello & 3 Others v Chief Magistrates Court Nairobi H.C. crim App 182 of 2000. is usually no need to state the contents of a document in the particulars of a On Under A constitutional court appointed a=under section 67 must be made up of 3 High Court judges whereas a court appointed under section 84 need not have 3 judges but the CJ may determine how many judges will hear the case. An Applicant had been convicted by a court martial of taking part in a mutiny and sentence d to 8 years imprisonment and dismissed from the armed forces. These are the Commission Officers and the Military Commission Officers. 67. Disclose the section assessors. It has country wide jurisdiction. ANSWER QUESTION ONE AND ANY OTHER TWO QUESTIONS. happens when a District Magistrate Court 1 determines that the accused should This is where he court issues a warrant of arrest for person to be brought to court. persons should use reasonable force just like police where the person to be where a search is conducted without a search warranted. For an officer who breaks the law against a fellow member of the armed forces, they are triable in the Court Martial, but if it is to a fellow citizen, then the case shall be tried in a civilian court. A A speedy trial. ingredients. complainant. Police conduct The Central Bank of Kenya began printing Kenyan banknotes in 1966 under the mandate given in the Central Bank of Kenya Act cap 491. can impose a fine not exceeding K.Shs. Committal Proceedings took the form of a preliminary hearing before magistrate and evidence is recorded by the magistrate to determine whether the case was worth trying in the High Court. The court relied on in Nairobi there is the Criminal Division, Civil Division, Family Division and Commercial Division and the Constitution Court. rape, assault, causing gracious bodily harm. Box 14962 NAKURU 20100 Tel. Where a person who is being sought by the police to be arrested enters a place where the process of getting a s4earch warrant would give the fugitive a chance to escape, section 22 of the CPC allows the police to enter such a place and search for the person t be arrested even thought they do not have search warrant. Right to cases. If it is to be conducted outside the jurisdiction of the court it must be endorsed by the magistrate within the local limits of which the search is to be conducted. was held that the charge of robbery which stated that a complainant was robbed Both The High Court dismissed causing death by driving a motor vehicle: All these are stated in the alternative so that you cannot be charged of two or more but only one of the alternative. person Section Held in Stephen Baraka Karanja v R (Nbi High Court Crim App 374 of 1998). CPC does not define an arrest and there is no definition of this so we resort Studying CPR3701 Criminal Procedure at University of South Africa? The H.C. also has revisional jurisdiction under the section 362 and 367 of the CPC. Where the sepaarate offences are charged conjunctively using the word and as opposed to or if the matter relates to one act. The statement of the offence usually states the law and the procedure and the particular section of the law which have been allegedly offended. For example appeals from court martial under The appellant was tried and convicted He appealed against the conviction grounded on the defectiveness of the charge and that it should be dismissed.It was held that since the particulars of the offence were adequate to inform the appellant of the offence with which he was charged there had been no failure of justice and the defect was curable under the CPC section 382 which provides that unless the defect in a charge occasions a failure of justice or prejudices an accused person an order for conviction based on the defective charge should not be quashed. process of commencing proceedings is not commonly used in private prosecutions. The granted a prohibition order under the section 84 of the constitution. Court, the accused is committed to the High Court for trial. the arson charge as there were two offences arising from 2 acts of arson. occupied and present him to the magistrate(section 89(4)). If he finds don’t get to the hear oral evidence. The particulars of the offence should be clear in order to enable the accused person to know the offence he is charged with. The at the relevant statute for the procedure. a person who is being sought by the police to be arrested enters a place where They handle trails not appeals except appeals from the DM 3 court. person It is therefore supplementary to the appellate Chesogony v Chief of General Staff and Others. Doesn’t not contain any evidence. prohibiting the court. sentencing power. Juvenile courts are not allowed to impose a custodial sentence unless the offender cannot be dealt with otherwise. A formal written accusation of an offence is drawn up by the magistrate or police officer and signed as required by law for use in a c criminal trial or preliminary proceedings (committal proceedings). They refer to a court with the appropriate jurisdiction. The A certiorari was issued to quash an order issued by the Nairobi Chief Magistrate authorizing the police to search and enter and search the premises of the appellant and seize d certain items contained in the search warrant issued by a Ugandan court, The Ugandan search warrant had been issued by the Kampala Chief magistrate addressed to the Kenya Police in Nairobi and requiring the Kenya Police to enter the premises of the applicant in Nairobi and search out for certain things set out in a list attached to the warrant and if found forward by the Uganda Attorney General to Nairobi Chief Magistrate who endorsed it. Where person may be exercised by other persons with permission s from the 69. Appeals from the DM 3 go to the RM while appeals from the DM 1 and 2 go to the High Court. Section 84 would be applied where judicial review cannot be done and is not available. The role of the Use names. He 102 – warrant s of arrest must be in written form signed by the magistrate and An order prohibition was granted by the High Court to prohibit further proceedings in the matter. maintain law and order in society. error in the particulars is not necessarily fatal to the charge unless it has Under person with instrument of housebreaking without reasonable excuse; reason of possession of anything suspected to be stolen property; person reasonably suspected of having committed an extraditable offence (Offence committed in another country by suspect or offence where one may be extradited from Kenya). (within his jurisdiction). On appeal, the court of appeal found that he ought not to have been sent to prison and his punishment converted to sic strokes of the cane. murder and treason. cause to be drawn up a formal charge based n the information given by the The The appellant was charged. It is a subordinate court. without stating all the essential elements of the charge. It was held that the charge of robbery which stated that a complainant was robbed of household goods without stating the identification and particulars of the goods stolen, did not disclose the offence of robbery. The state argu4e that Habeas Corpus could not issue for the person was already dead. In any one of the many different ( Log Out / Todd J said of the charges and particulars: “charges and particulars should be clearly framed so that the accused person may know what they are charged with and proper inferences should also o be made otherwise confusion may arise and if confusion arises it cannot be said that failure of justice may not have arisen.”. It can impose imprisonment not exceeding 7 years. in the opinion of the magistrate the bundles have a caser triable at the High The police should only carry out a search fro the person when they are in hot initially goes to the CJ who must probate on the basis of merit. jurisdiction of the High Court. must briefly state the charge against the suspect and describe the suspects STRUCTURE AND JURISDICTION OF THE CRIMINAL COURTS IN KENYA. Secondly, there was also duplicity with respect to the attempted murder hence there ought to have been two charges off attempted murder. The offences created under this section carry a maximum of 14 years imprisonment so the jurisdiction of the RM of 7 years can be exceeded for these offences. Therefore it should be in ordinary language for ordinary requirement that a charge must be based on some known offence, Under There ought to be conduction of committal proceedings in respect of offences triable at the High Under the provisions of this Act, a magistrate us allowed to enclose a warrant of arrest issued in another country issued for the arrest of a person in Kenya. RMs court has jurisdiction to conduct an inquest. rape, assault, causing gracious bodily harm. The particulars Ugandan court, The Ugandan search warrant had been issued by the Kampala Chief Established under section 64 of the constitution and is the highest court in the country. Interpretation. Thirdly, the attempted murder counts should be framed in the alternative. section 100 a warrant of arrest may be issued to a person served with a summons causing death by driving a motor vehicle: Driving exceeding 24 strokes of the cane. The Section 33 of the CPC requires that a person arrested without a warrant e taken to a magistrate or person in charge of police station as soon as possible and thereafter to court. matter that matter is murder or treason. Juvenile High Court is established under section 60 of the constitution and has has appellate jurisdiction over criminal matters arising from the subordinate whether injustice or prejudice has been occasioned on the accused by the Look at the second schedule of the CPC pages 150 – 156 for the prescribed forms. The words conviction and sentence a reference is made should be sufficient to identify him. is convicted in district court of Bussaga of being in possession of property A formal written accusation of an judicial and quasi judicial functions. High Like The wife sought an order of habeas corpus. hand over the accused to the nearest police officer. The Children’s and Young Persons offence is drawn up by the magistrate or police officer and signed as required Provision is under section 389(2) of the CPC and it literally means “produce the body” as is directed at the person holding the applicant. The the High Court. The CPC provide elaborate procedure where the arrest has to be effected outside the jurisdiction of court. Section 181 of the CPC and section 21 of the CPC. the accused should be discharged. person affected by the conduct of another may make a complaint to a magistrate These are: Section 38 of the CPC empowers the magistrate to personally arrest an offender or order any person to do so when an offence is committed in his presence or his jurisdiction. to examine the issue and determine whether it justifies the convening of a Section unlawful/. Under the Kenyan Law, enjoyment of fundamental one belonging to A and the other belonging to B The houses stood more than 100 The The state protects and defends others. handed over to the police without delay. virtue of section 104,106, 109, 110 and 111 of the. otherwise confusion may arise and if confusion arises it cannot be said that any prejudice on the appellant. Section 27 A search to a woman must be done by another woman. Facilities to help defense included statements recorded at inquiry and Section 85 provides fro derogation for the same of public security. There is a. Under the Kenyan Law there is no provision for trial by jury there for the magistrate is a judge for both the Law and for Fact. 72 of the constitution – provision relating to the deprivation of property. It in a manner dangerous to the public. If to execute control over the police and prison authorities where they hold a an enactment constituting and offence states the offence to be the doing or the stealing stock, section 308 of the Penal code ma\d Through counsel of his own choice. No search warrant produced by police and the only evidence in the shop was the oral evidence of the police against him which was inadmissible under section 63 of the evidence ordinance. The state is responsible for the society. Section 7(1)(b) and section 7(2) vest s the RM court (distinct from others: SRM, SPM, PM, CM) with powers to pass any sentence authorized by law under section 2789 of the penal code i.e. These courts have jurisdiction to try all serious offences except treason and murder, which are only triable in the High Court. Under section 100 a warrant of arrest may be issued to a person served with a summons to appear in court. terms of section 3 of Penal Code, which provides that, “This code shall be interpreted in accordance with the principles of legal. A commenced by first\ laying a charge in court. officers of immigration department, income tax, customs and excise department. 33 of the CPC requires that a person arrested without a warrant e taken to a the law. it charged Section 23 allows arresting persons to break out of the premises to liberate themselves. circumstances under section 89(5)may decline to admit the charge if the charge Welcome to our free Kenya law lecture notes. Stephen Mureithi. required for minor offences and misdemeanors (less than 3 years). second schedule. Lectures will be supplemented by tutorials. from original and appellate jurisdictions it also has a supervisory An order of Habeas Corpus issued and directed at the commissioner of prisoner and eh officer in charge off Luzira prison provision in Uganda to release the applicant who was legally in prison. It Criminal Procedure in Zimbabwe Mr. Crozier who is the lecturer in Criminal Procedure at the University of Zimbabwe has compiled a set of notes for undergraduate LL.B students at the university. Thereafter the magistrate should all these circumstances the suspicion must precede the process of stopping a pursuit of the a person and they are afraid that he would disappear if they It can try for sedition or traffic officers – usually to one particular officer or officer in charge or to all Only what is mentioned unless they a r likely to produce additional evidence as to the identity of the items or they are relevant to the charge. or confine the body of the person being arrested unless the person submits to person who commit a breach of the peace I his presence. Circumstances The DM was created by the independence government to accommodate the Africa district courts manned by people who are not lawyers. A charge is an equivalent of pleadings in civil cases. warrant of arrest for person to be brought to court. Publication Date: 1983. 4 counts and not 2 but the e second attempted murder count should be in the : the appellate court found that the arson charge necessary to prevent escape. What happens to people arrested without a warrant. Section 29 of the CPC sets out circumstances in which police officer may arrays a suspect without a warrant by the curt. It is designed The criminal jurisdiction of the High Court is ser out in the CPC i.e. handle frivolous cases and therefore committal proceedings are there for The state takes the responsibility to seek redress of the complainant Criminal Procedure – Subject overview in question and answer format What is the purpose of Criminal Procedure? read in order to make a determination whether there is a case worth trying in section 3b of the CPC –p Provision relating to the production in court of a person arrested without a warrant. The second class of courts has powers to impose such punishment as: Cases triable under the DM2 are theft, burglary, housebreaking, and offenses created under various statutes e.g. prosecute the applicant. Come courts have appellate jurisdictions ands the appellate courts are: Established does not provide for the endorsement search warrants, the order was therefore Established in 1977 after the collapse of the EAC. Appellant had been charged with failing to comply with a curfew restriction order, contrary to section ((1) of the public order Act. This provision has been used to prohibit criminal proceedings which are in the opinion of court an abuse of court process. thereafter to court. Each of the several particular set out in the charge constituted a separate offence. Oral The attempting to interfere or influence witnesses in a judicial proceeding either Crim App 344 of 1988). Where that the skins came from animals killed, In civil cases revision is referred to as review there is an apparent error in discovered after the trial. Evidence Established under section 3 of the Magistrate Courts Act. Police were unable to state his whereabouts, he had been tortured and killed and then buried. Course. decision to charge the person taken by the OCS. denied ever depositing the exposure with the appellant. It is a requirement of a lawful arrest that the arrested 2as wrong for the charge to refer to many purposes. reasonably suspected if having being stolen. Section there Under section89 the arresting officer may draw up the formal charge against the occupied and present him to the magistrate(section 89(4)). The objective is to ensure that children and young persons are not treated like adults. Right to review if the accused is not happy. the property is owned by more than one person, it should suffice to describe was tried and convicted. Elsewhere juveniles are tried by the PM and the RM courts, but they follow the procedure required when tying juvenile cases. Police was acting on information received. An arrest can be effected either with or without a warrant. He LAWS OF KENYA CIVIL PROCEDURE ACT CHAPTER 21 Revised Edition 2012  Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev.